Acceptance of Agreement. Your access to and use of the Bristol Myers Squibb website (the “Site”) is subject to the following terms and conditions (these “Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Bristol Myers Squibb are superseded and of no force or effect with respect to your access and use of the Site. Any reference in these Terms and Conditions to “Bristol Myers Squibb” refers, collectively, to Bristol Myers Squibb Company and all of its current and future subsidiaries and other affiliates including Bristol Myers Squibb Australia Pty Ltd.
Scope of Use. Bristol Myers Squibb maintains the Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Bristol Myers Squibb 's written permission. You understand that Bristol Myers Squibb makes no representation that the information in the Site is appropriate or available for use in locations outside of Australia, and access to the Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
No Medical Advice. The Site does not provide medical advice. With limited exception, Bristol Myers Squibb products are available only by prescription from a licensed health care professional. Bristol Myers Squibb is not engaged in rendering medical or similar professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a health care provider. If you desire or need such services or advice, you should promptly consult a physician or professional health care provider.
Product Information. The product information provided on the Australian Bristol Myers Squibb Site is intended only for residents in Australia. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including Australia. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided on the Australian Bristol Myers Squibb Site is based on Australian labeling and may not be appropriate outside of Australia.
Copyright Protection. You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Bristol Myers Squibb. Bristol Myers Squibb neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Bristol Myers Squibb.
Trademarks. The trademarks, trade names, logos and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Bristol Myers Squibb and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of Bristol Myers Squibb or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Bristol Myers Squibb will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Exclusion of Warranty. While Bristol Myers Squibb uses reasonable efforts to include accurate and up-to-date information in the Site, Bristol Myers Squibb makes no warranties or representations as to its accuracy. Bristol Myers Squibb assumes no liability or responsibility for any errors or omissions in the content of the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability. Your access to, use of and browsing in the Site are at your risk. Neither Bristol Myers Squibb nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Bristol Myers Squibb assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images from the Site.
Prohibited Transmissions. Certain areas of the Site may enable you to access online forums and to submit e-mails, or otherwise provide feedback to Bristol Myers Squibb. Bristol Myers Squibb does not endorse, and specifically disclaims, any responsibility or liability for any content in these fora. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your access to or use of the Site.
Governing Law. This agreement and its performance shall be governed by the laws of the state of Victoria, Australia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the ourts located in Victoria, Australia, in all questions and controversies arising out of your access to or use of the Site and this agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
Modification of Agreement. Bristol Myers Squibb may, at any time, revise the Terms and Conditions governing the access and use of the Site. All revisions to these Terms and Conditions will be posted on the Site. You are bound by any such revisions and should, therefore, periodically review the Terms and Conditions posted to the Site.